Criminal Mediation as One of the Alternatives to the Criminal Case, A Comparative Analytical Study of French and Arab Legislation

Abstract:
Criminal mediation means the possibility of seeking the assistance of a neutral third party who communicates with the two parties to the case, the perpetrator and the victim in crimes related to simplicity or the existence of continuous links between the parties, and he works to listen to each party trying to bridge the points of view between the two parties in order to reach an amicable settlement, as the success of the mediation results. Sending the subject to the Public Prosecution to act in the case, and it is most likely that its decision to save the papers ends, which allows the Public Prosecution to devote itself to examining serious crimes and relieves the burden on the judiciary.
The application of criminal mediation has been widespread in most of the comparative Latin and Anglo-American legislation, and the European Union recommended its application in the legislation of European countries. In fact, a number of Arab legislations have applied it.
The importance of criminal mediation regarding the verification of benefits is due to the most prominent activation of the role of the Public Prosecution in the management of criminal cases, by giving it a third option for designing in the criminal case between the wonderful procedures of preservation and movement, which is referring the criminal dispute to a mediator to undertake the friendly settlement between the parties of the objection and reaching a settlement It is acceptable to achieve the interests of the victim and ensure that he receives compensation and the accused avoids the consequences of proceeding with judicial procedures, in a manner that reduces the burden on the shoulders of the courts, especially in minor disputes that involve ties between its parties.